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our neighbor won't stop using our flag lot driveway

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ttemple

Junior Member
Hi from Summerfield, Florida,

We have a 1300-foot driveway that divides the two front parcels. We own this land -- it is not an easement or right-of-way -- and we've got the survey and legal description to prove it.

One of the front neighbors is using it every day to bring in his heavy equipment, despite the four or five times we verbally requested for him to stop. (He has a concrete driveway that would no doubt crack under the weight; ours is gravel and clay. He also has over 3 acres of boundries to build his own service road.)

He accuses of us of not being "neighborly." We feel that this is a liability issue, a precedence issue and not the least importantly, a visual issue as the ruts and tire marks are building daily. We posted "Private Property" and "No Tresspassing" signs to no avail.

Today, he stopped me and said the "tax office" told him he has a right-of-way to our private land. (Impossible, I'm assured by the land company we bought from.)

Next up is getting an attorney, but now we're at the certified mail stage. In order to properly frame our argument, my question is, if we were to let this go on, could they eventually claim our land via "title by acquiesence"? Or is this just flat out trespassing?

Sorry for the diatribe! Any advice is so appreciated.
 


HomeGuru

Senior Member
ttemple said:
Hi from Summerfield, Florida,

We have a 1300-foot driveway that divides the two front parcels. We own this land -- it is not an easement or right-of-way -- and we've got the survey and legal description to prove it.

One of the front neighbors is using it every day to bring in his heavy equipment, despite the four or five times we verbally requested for him to stop. (He has a concrete driveway that would no doubt crack under the weight; ours is gravel and clay. He also has over 3 acres of boundries to build his own service road.)

He accuses of us of not being "neighborly." We feel that this is a liability issue, a precedence issue and not the least importantly, a visual issue as the ruts and tire marks are building daily. We posted "Private Property" and "No Tresspassing" signs to no avail.

Today, he stopped me and said the "tax office" told him he has a right-of-way to our private land. (Impossible, I'm assured by the land company we bought from.)

Next up is getting an attorney, but now we're at the certified mail stage. In order to properly frame our argument, my question is, if we were to let this go on, could they eventually claim our land via "title by acquiesence"? Or is this just flat out trespassing?

Sorry for the diatribe! Any advice is so appreciated.

**A: in the absense of any easement, he would be a trespasser.
 

ms.magoo

Member
our neighbour won't stop using our flag lot

I agee with Home Guru. Put up a additional sign stating that all tresspassers will be prosecuted as well. They trespass on your lands, then have them charged for it. Did you ever think of putting up a locked gate at the end of your road ? They have no key, then its a no go there for them, lol.
 
Cheapest Way

Call the cops. He is a trespasser! If the cops fail to issue him a cite (which in such a situation I'm sure they will - not a violent situation, yet), go to your prosecutor's office. Take picture and your survey showing that you own the property and that there are no trespassing signs displayed. Also, make sure to take photos of the damage being done. Once you prove that you own the land he is trespassing on, they should sign charges, if not, they should at the very least send him a warning letter.

I agree with the person who posted about a gate. Even if you can make a makeshift barrier (a line of barrels - yes, it's a nusiance, but it'll save you in the end) because it's blocking his use of the property.

PS> there is no "butt-hole" statute that requires people to be "neighoborly". He's damaging your property! He's the one not being neighborly!
 

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